DLA Piper www.dlapiper.com

MIGRANT LABOUR IN THE CONSTRUCTION

SECTOR IN THE STATE OF QATAR

DLA Piper is a global law firm operating through various separate and distinct legal entities.

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Qatar| April 2014 DLA Piper

TABLE OF CONTENTS

EXECUTIVE SUMMARY 1

RECOMMENDATIONS 6

TERMS OF REFERENCE 20

METHODOLOGY 21

BACKGROUND 22

STRUCTURE OF REPORT 26

ISSUE 1: RECRUITMENT AGENTS AND RECRUITMENT FEES 27

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 27

SUBSTANTIVE REVIEW 28

ISSUE 2: KAFALA SPONSORSHIP SYSTEM 43

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 43

SUBSTANTIVE REVIEW 44

ISSUE 3: CONTRACT MISREPRESENTATION AND SUBSTITUTION 60

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 60

SUBSTANTIVE REVIEW 61

ISSUE 4: WAGES 69

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 69

SUBSTANTIVE REVIEW 70

Qatar | April 2014 DLA Piper

ISSUE 5: HEALTH & SAFETY 76

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 76

SUBSTANTIVE REVIEW 78

ISSUE 6: ACCOMMODATION 96

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 96

SUBSTANTIVE REVIEW 97

ISSUE 7: LABOUR INSPECTIONS 104

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 104

SUBSTANTIVE REVIEW 105

ISSUE 8: FREEDOM OF ASSOCIATION / COLLECTIVE BARGAINING 114

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 114

SUBSTANTIVE REVIEW 116

ISSUE 9: ACCESS TO JUSTICE 128

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS 128

SUBSTANTIVE REVIEW 129

CONCLUSIONS AND VISUALISATIONS 135

1EXECUTIVE SUMMARY

1. DLA Piper1

has been instructed by the State of Qatar to undertake an independent review of

the legislative and enforcement framework of Qatar's labour laws in the light of the numerous

allegations made regarding the conditions for migrant workers in the construction sector.2

This report makes a number of significant recommendations for change.3

2. In drafting this report, DLA Piper has reviewed and considered:

the international conventions and standards ratified by Qatar;4

Qatar's Constitution;

existing national legislation and the legislative framework applicable to migrant workers;

Bilateral Treaties relating to the supply of labour;

the UN Special Rapporteurs' Report on the Human Rights of Migrants in Qatar;5

the International Labour Organisation's ("ILO") reports on Qatar's Compliance with the

Forced Labour Convention 19306

and the ILO judgment on the freedom of association

and collective bargaining;7

the report recently published by Human Rights Watch on the subject of migrant workers'

rights in the construction sector in Qatar;8

the report recently published by Amnesty International on the subject of migrant workers'

rights in the construction sector in Qatar;9

1

DLA Piper UK LLP which is part of DLA Piper, a leading international law firm.2

All relevant definitions are set out throughout this report and in the Glossary at Annex V.3

The views and recommendations in this report are entirely those of DLA Piper. It is for the State of Qatar, and in particular the

Ministry of Foreign Affairs, the Ministry of Labour and Social Affairs, and the Ministry of Interior, to determine the extent to

which it accepts and, if deemed appropriate, implements any of the recommended action set out in this report. 4

For the sake of completeness, DLA Piper has also considered the relevant provisions of international standards that have not been

ratified by the State of Qatar.5

UN Special Rapporteur's Report on the Human Rights of Migrants (Special Rapporteur M. Franois Crpeau) draft dated 10

November 2013 and full report dated 23 April 2014, (A/HRC/26/35/Add.1) see full report at Annex F. 6

Report of the Director-General, Eighth Supplementary Report: Report to the committee set up to examine the representation

alleging non-observance by Qatar of the Forced Labour Convention, 1930 (No. 29), made under article 24 of the ILO

Constitution by the International Trade Union Confederation and the Building and Woodworkers International, 320th Session,

Geneva, 13 - 27 March 2014 (GB.320/INS/14/8) ("ILO Eighth Supplementary Report"). 7

Complaint against the Government of Qatar presented by the International Trade Union Confederation, Case No. 2988

(GB.320/INS/12) (''ILO Judgment'').8

Building a Better World Cup - Protecting Migrant Workers in Qatar Ahead of FIFA 2022 Human Rights Watch 2012 ("HRW

Report").

2 the preliminary report issued by Engineers Against Poverty in relation to employment

standards in construction in Qatar;10

and

the report recently published by the International Trade Union Confederation in relation

to migrant workers' rights in the construction sector in Qatar.11

3. Qatar has seen a significant influx of migrant workers over a very short period of time, most

notably in the construction sector; this situation poses unique challenges for the State of

Qatar. Currently, it is estimated that there are 1.39 million migrant workers in Qatar. Qatar,

therefore, has the highest ratio of migrants to citizens in the world,12

with migrant workers

making up over 85% of the total population.

4. The majority of the migrant workers in Qatar are in the country at the Government's

invitation. They have received work permits in order to satisfy Qatar's labour needs, which

have been created by Qatar's thriving economy and the massive construction projects which

are underway. Our understanding of the pattern of migration flows into Qatar is that Qatar's

labour needs are fulfilled by migrant workers on the basis of short to medium term

employment contracts, and there is no intention on the part of either the migrant workers or

the State of Qatar for those migrant workers to permanently settle in Qatar.

5. The protection and rights of migrant workers in Gulf Countries have been subject to much

comment. Qatar, in particular, has come under intense scrutiny following its successful bid in

2010 to host the FIFA 2022 World Cup. Indeed, the nature of the construction projects and

the association with a universally recognised, extremely high profile sport has led to much

global commentary on the issue of migrant workers in Qatar (some of which, in our opinion,

is factually inaccurate).13

6. In this regard, the State of Qatar has been open in the face of continued criticism. The State

of Qatar has engaged with Amnesty International and Human Rights Watch, both of which

9

The Dark Side of Migration Amnesty International 2013 ("Amnesty Report").10

Improving employment standards in construction in Qatar Engineers Against Poverty October 2013 ("Engineers Against

Poverty Report"), see Annex L.11

The Case Against Qatar, Host of the FIFA 2022 World Cup, ITUC Special Report March 2014 ("ITUC Report").12

UN Special Rapporteur's Report on the Human Rights of Migrants, see Annex F.13

For example, on 15 February 2014, the Guardian reported that "more than 400 Nepalese migrant workers have died on Qatar's

building sites as the Gulf state prepares to host the World Cup in 2022". See

http://www.theguardian.com/football/2014/feb/16/qatar-world-cup-400-deaths-nepalese. The Guardian stated that these "grim

statistics" were to be published in a report by the Pravasi Nepali Co-ordination Committee (PNCC), a Nepalese-based migrant

workers' rights organisation. However, PNCC shortly after responded issuing a statement that these statistics were "completely

baseless".

3have had unrestricted access to Qatar, met with various ministries and held press conferences

in Doha. Amnesty International has used data and statistics provided by the University of

Qatar (a state-funded institution) to develop its report. In the UN Special Rapporteur's Report

on the Human Rights of Migrants, the Rapporteur notes the "support and cooperation" given

by the State of Qatar before and during his mission. We commend the open approach which

has been taken by the State of Qatar and encourage this to continue in the future.

7. As detailed throughout this report, we recognise that various legislative and administrative

measures are in the process of being proposed and reviewed both in the course of the routine

legislative and public administrative cycle (in line with the "Qatar National Vision 2030"14

)

and in response to external comment. In particular, we understand that the key relevant

ministries, namely the Ministry of Foreign Affairs (in particular the Bureau for Human

Rights), the Ministry of Interior (including the Human Rights Department), the Ministry of

Labour and Social Affairs, the Supreme Judiciary Council, and the Supreme Council of

Health, are actively assessing and considering improvements to the current legislative and

enforcement frameworks through a process of legislative reform and the strengthening of

existing enforcement mechanisms.

8. Notwithstanding these reform initiatives we make a number of recommendations in this

report. We have reviewed the relevant legislation and approach to governance and conclude

that, while there are shortcomings, much appropriate legislation is already in place. However,

we have found a number of enforcement issues which need to be addressed.

9. We set out below a summary of our recommendations to the State of Qatar, which are

addressed in more detail at the end of each Issue section of this report. Where relevant, we

also make reference to the various initiatives already underway to improve the working

environment for migrant workers in the construction sector in Qatar.15

Overarching Observation

10. As a general observation, and relevant to all aspects of our review, we believe that increased

transparency and communication between the State of Qatar, State of Origin

14

See further paragraph 22 below.15

Where reference is made to initiatives and developments that are currently underway, this review reflects the status of these

initiatives and developments as at the date of this review.

4governments, and major actors in public and private sectors, are critical to

implementing the recommendations contained in this report.

11. This process of clarification and communication should include improving both intra-

Government communication and co-ordination (i.e. reporting within and across the various

departments charged with the management of migrant workers in Qatar, and the proper

dissemination of information to all relevant bodies, regularly and uniformly) and also, of

equal importance, inter-Government communications between the relevant entities in the

States of Origin (and their representatives in Qatar) and the State of Qatar (and Qatar's

representatives in the State of Origin), in particular in relation to migrant workers' welfare and

rights.

12. In addition, we recommend an appropriate focus on communication and information-

sharing with key non-government stakeholders and private contractors, including

significant entities such as the Supreme Committee for Delivery and Legacy,16

the Qatar

Foundation,17

other contracting authorities and other non-government actors. Establishing

regular, transparent and reliable lines of communication, and working groups, between all

these entities should be prioritised, and would immediately begin to address the lack of

information exchange giving rise to many of the issues we deal with in this report.

13. We recommend that the State of Qatar adopt a comprehensive set of worker welfare

standards setting out the minimum mandatory requirements for all public contracting

authority construction projects in Qatar.18

These worker welfare standards should be

mandatory and incorporated in all Lead Contracts issued by public contracting authorities.

Lead Contractors should be required to ensure that these standards are incorporated in all

Sub-Contracts. Importantly, all contracts should include an appropriate contractual

enforcement mechanism (such as impact on contractual payments) to deter any failure to

comply with the standards, by Contractors and their Sub-Contractors. We have referred below

to specific issues which could be addressed by the adoption of such standards (and made

reference to relevant existing Qatar Foundation and Supreme Committee standards), and the

recommended enforcement mechanisms that should be considered. The standards should be

reflective of, if not the same as, those standards prescribed by the Qatar Foundation or

16

Also referred to as the "Supreme Committee" tasked with organising the 2022 World Cup. See further paragraph 23.17

The Qatar Foundation for Education, Science and Community Development is a private, non-profit organization for public good

that serves the people of Qatar by supporting and operating programs in three core mission areas: education, science and

research, and community development.

5Supreme Committee.19

However, we note that the aforementioned standards would benefit

from clarifying the intended contractual enforcement mechanisms to be employed in order to

ensure implementation and compliance through the contractual chain.

18

We understand this project is already underway, see further paragraph 30.19

Supreme Committee Workers' Welfare Standards at Annex C and Qatar Foundation Mandatory Standards of Migrant Workers'

Welfare at Annex D.

6RECOMMENDATIONS

Recruitment Agents and Recruitment Fees

13.1 Strengthen Bilateral Treaties. Interaction and collaboration with States of Origin to

review existing Bilateral Treaties, along with the introduction of a more stringent and

comprehensive framework for monitoring and enforcement of workers welfare

standards. In particular, we consider that there should be improved enforcement to

prevent recruitment agencies outside Qatar charging migrant workers for recruitment

services (which, in fact, are prohibited by Qatari law) and to monitor the engagement

of ethical recruitment agencies in Qatar.20

Further we recommend that the prescribed

model employment terms referred to in the Bilateral Treaties (based on the Migrant

Worker Model Employment Contract21

) should be developed.

13.2 Effective communication and information dissemination. Increased and enhanced

communication to the migrant workers to ensure their understanding of material

issues relevant to their recruitment and employment, including the introduction of

"Labour Information Bureaus"22

and information "orientation"23

requirements prior

to embarkation and upon arrival in Qatar.

13.3 Strengthen legislative prohibition relating to charging and receipt of recruitment

fees in Qatar. We note that Qatari Labour Law24

prohibits the receipt of fees from a

migrant worker in Qatar. We recommend extending this prohibition by amending the

existing Labour Law to prohibit the charging and receipt of recruitment fees from

migrant workers (by any person in Qatar) to: "receipt from the worker of any sums

representing recruitment fees, charges or expenses or any other costs, directly or

indirectly, in whole or in part." The State of Qatar could take a more robust stance

and prohibit employers and recruitment agents in Qatar from any dealing with foreign

recruitment agencies in the States of Origin that charge any recruitment fees to

migrant workers, regardless of whether or not such fees are permissible under local

law. All contracts with foreign recruitment agents should include an express term

20

We recognise that this requires cooperation from the State of Origin governments.21

See further paragraph 13.12 below.22

See further paragraph 66.1 et seq. on Labour Information Bureaus.23

See further paragraph 42 on migrant worker "orientation".24

For example, Article 33 of the Labour Law and Article 19 of Ministerial Order No.8 of 2005.

7stating that foreign recruitment agents will not charge migrant workers recruitment

fees;

13.4 Verification with migrant workers. We recommend the implementation of a

targeted verification requirement with migrant workers. This may be at the migrant

workers' "orientation" session, or at the point of signature of an offer for employment,

or at the point of attestation of the employment contract in the State of Origin, using

Labour Information Bureaus within the Embassies of Qatar. This verification should

cover:

whether recruitment fees have been paid by the migrant worker;

whether a Migrant Worker Employment Model Contract (or employment contract

incorporating similar terms25

) has been adopted;

whether the migrant worker has been given the appropriate explanation of the

proposed role; and

whether the correct wage has been adopted and explained to the migrant worker.

This verification process should be repeated when migrant workers enter Qatar.

13.5 Streamlining of the system of redress. There are currently limited redress

mechanisms in place (through the Ministry of Labour and Social Affairs complaints

process and / or through the State of Origin embassies) which provide migrant

workers with protection against abusive practices relating to the payment of

recruitment fees and changes to their terms and conditions of work. We recommend

the implementation of a streamlined process of redress, including developing

reporting mechanisms,26

strengthening the existing mediation / conciliation services

and introducing a fast track procedure for major complaints.27

13.6 Raising awareness of methods of reporting for migrant workers. We propose that

there should be a point of contact within the Ministry of Labour and Social Affairs for

complaints relating to recruitment agents. Furthermore, we suggest that each major

25

See paragraph 13.12 below.26

See paragraph 13.6 below on reporting.27

See further Access to Justice recommendations below at paragraph 13.49 et seq.

8employer be required to have a compliance / reporting officer that migrant workers

can approach to discuss concerns on an anonymous basis if necessary. That officer

should report any concerns to the employer and a dedicated representative at the

Ministry of Labour and Social Affairs.

13.7 Review of licensing of recruitment agents. We recommend that there should be a

review of the process of licensing of recruitment agents in Qatar and a comprehensive

vetting process introduced. We propose that the grant of a licence should be subject

to the obligation to respect the Migrant Worker Employment Model Contract, which

reflects provisions relating to the prohibition of payments of recruitment fees by the

migrant worker. Repeated non-compliance with the Migrant Worker Employment

Model Contract should result in loss of licence.28

13.8 Unethical recruitment agents to be blacklisted. Foreign and domestic recruitment

agents found to engage in unethical practices should be blacklisted. We would

encourage the State of Qatar to liaise with the States of Origin and with international

NGOs in order to identify ethical recruitment agencies.

Kafala Sponsorship System

13.9 Review of and proposals for the modification / reform of the "kafala"

sponsorship system.29

We recommend that the State of Qatar conducts a wide-

ranging and comprehensive review of the kafala sponsorship system with a view to

implementing reforms which strengthen and protect the rights of free movement of

migrant workers in accordance with Qatar's international obligations. The review

should address whether certain aspects of the system should be abolished or phased

out over time. The review should focus, in particular, on the following

recommendations:

13.9.1 Review of and proposals for the modification / reform of the exit visa

system. There should be a comprehensive review of the requirement for an

exit visa. The State of Qatar should review and reconsider the existing exit

visa system under the kafala system. We recommend that, in the absence of

28

See paragraph 13.12 below.29

We welcome the on-going consultation on this matter, as referred to in the Report of Qatar National Human Rights Committee in

accordance with Paragraph 15(C) of the Annex to Human Rights Council Resolutions 5/1.

9compelling evidence to the contrary, a migrant worker seeking to leave Qatar

should be granted an exit visa as of right. We recommend that the exit visa is

phased out over time;

13.9.2 The Sponsorship Law should be amended to allow migrant workers the

right to apply to the Ministry of Interior for an exit visa prior to their

departure. In the transitional period while the exit visa requirement is being

reviewed, the default position should be that exit visas are granted as of right

within a period of 48 to 72 hours. The Ministry of Interior should carry out

checks of alleged wrongdoing with the employer / sponsor. Where the

employer / sponsor alleges wrongdoing, the burden of proof should be on the

employer / sponsor to evidence any objection to the grant of the exit visa, and

in the absence of compelling evidence to support any justifiable restraint, an

exit visa should be granted;

13.9.3 Existing Qatari legislation relating to the confiscation of passports

should be enforced and penalties increased. Employers / sponsors

retaining passports in violation of Qatari Labour Law should be subject to

penalties, including sufficiently heavy fines and loss of sponsorship licence in

the event of repeated breach. The Labour Inspection Department should

make enquiries as to the whereabouts of migrant worker passports during the

course of inspections. Employers / sponsors that are repeatedly found to

retain passports should also face the sanction of blacklisting30

and the

application of sanctions should be publicised to act as a further deterrent;

13.9.4 Revocation of the right of an employer / sponsor who abuses the kafala

system and / or breaches Qatari Sponsorship Law from objecting to a

migrant worker transferring employment. We understand that the

Ministry of Interior is responsible for transfer of sponsorship, but we propose

that it should carry out this function in consultation with the Ministry of

Labour and Social Affairs. This would mean an employer that is in breach of

his obligations to migrant workers under the kafala sponsorship system and

Qatari Sponsorship Laws should no longer have the right to prevent the

10

transfer of the migrant worker to another employer by virtue of refusing to

grant the required 'No Objection Certificate'. The No Objection Certificate

from the employer should not be a necessary pre-requisite in order to action

the request. In the event that an employer / sponsor disputes the request for

transfer, they should have a prescribed period of time in which to lodge their

objection to the transfer (for example up to 72 hours). The burden of proof

should rest on the employer / sponsor to demonstrate and adduce evidence to

support their objection to the transfer. The grounds for objection should be

limited in substance. In the event of a significant breach of Sponsorship Law

by the employer or relevant labour law, the default position should be that the

Ministry of Labour and Social Affairs should order the transfer;

13.9.5 Clarification of the legal position and rights of migrant workers that are

deemed to have "absconded". There is a lack of clarity and co-ordination

as to the proper application, framework and appropriate supervision of this

sponsorship termination mechanism. Migrant workers should be afforded

due process of law including the right not to be unlawfully detained at the

point the employer / sponsor makes an absconding report to the Ministry of

Interior.

Contract Misrepresentation and Substitution

13.10 Worker welfare standards (the same as or similar to those of the Qatar

Foundation or Supreme Committee) should be made mandatory in all contracts

issued by public contracting authorities.

13.11 Lead Contractors should be made responsible for cascading mandatory worker

welfare standards through all Sub-Contracts and Lead Contractors should be

responsible for adherence to these standards by their Sub-Contractors. Failure

to adhere to mandatory standards should be dealt with by appropriate penalties.

13.12 Introduction of a new standard form migrant worker employment contract (for

example the proposed "Migrant Worker Model Employment Contract").31

The

30

Insofar as recommendations are made for blacklisting, we agree with the Special Rapporteur's comment that "When a company is

blacklisted, attention must also be paid to the rights of those people who are currently working in that company". See page 11,

Special Rapporteur Report on the Human Rights of Migrants at Annex F.31

For example, see Annex B.

11

suggested form should be endorsed by the State of Qatar and be prescribed for use by

all public contracting authorities. The Migrant Worker Model Employment Contract

(or similar) should be adopted as a standard form for all public procurement contracts

going forward, and compliance with the standard should form part of the Pre-

Qualification Questionnaire for all procurement contracts. Failure to use the Migrant

Worker Model Employment Contract or similar terms should result in a contract

being void and unenforceable. Blacklisting should be adopted for serious non-

compliance. Financial penalties should be incorporated into Lead Contracts (which

should also cover failings by Sub-Contractors).32

13.13 Ministry of Labour to monitor migrant worker employment contracts. We

recommend that where migrant worker employment contracts are being authorised,

attested and verified by the Ministry of Labour and Social Affairs or the Ministry of

Foreign Affairs (represented by the embassies), the employment contracts are

properly reviewed by a dedicated team, and that a system of monitoring be introduced

to ensure that the Migrant Worker Model Employment Contract (or equivalent, once

made legally binding) is being used. This system of monitoring should include

contract attestation and certification in the State of Origin prior to embarkation and

then contract verification upon arrival in Qatar.

13.14 Labour Inspection Department to undertake employment contract checks

during inspections. Proper enquiries need to be made at various points, both prior to

embarkation and upon arrival in Qatar, in order to detect and manage issues relating

to migrant worker employment contracts. Labour inspectors should be charged with

spot-checking contracts and penalties should be levied against employers that are

found to have knowingly or negligently failed to prevent misrepresentation and / or

contract substitution. Where a migrant worker accuses an employer of inducing them

to work in Qatar under false or misleading pretences, the onus should be on the

employer, along with the recruitment agents in both Qatar and the State of Origin, to

establish that this is not the case.

13.15 Translation of migrant worker employment contracts. Employment contracts

should be translated and explained to migrant workers in a language they understand

32

We note that these measures are already being introduced into all Qatar Foundation and Supreme Committee contracts following

the introduction of these entities' respective contracts.

12

before they sign. The enforceability of the migrant worker employment contract

should also be conditional upon the employer's compliance with this requirement.33

13.16 Public contracting authorities should publish the results of audits and any

rectification plans pursuant to these worker welfare obligations. This will

increase transparency and accountability.

Wages

13.17 Qatari Labour Information Bureaus to increase knowledge and understanding.

We recommend that Qatari Labour Information Bureaus actively promote knowledge

of terms and conditions and rates of pay in the State of Origin, as well as on an on-

going basis in Qatar.

13.18 Consideration should be given to introducing a minimum wage. We recommend

that the State of Qatar, in consultation with States of Origin, undertakes an expert

evaluation of the appropriate Relevant Minimum Wage34

rates for each type of

construction worker in Qatar which an employer would be required to pay. This

requirement should be clearly stated in the Bilateral Treaties as well as provided in

the Migrant Worker Model Employment Contact appended to them, and should be

legally binding on all employers operating in the construction sector in Qatar. There

should be civil and criminal sanctions for non-compliance with this requirement, with

the right of an appropriate inspection of records to demonstrate compliance with these

obligations, and an inspector should undertake regular spot-checks.

13.19 Sanctions for employers' / sponsors' failure to pay wages. We recommend that in

the event of proven failure to pay wages by any employer / sponsor , that employer /

sponsor should automatically be disqualified from objecting to a transfer of

employment or exit visa being granted, or should have an appropriate short period of

time in which he must prove that the wages have been paid. The default position

should be that the transfer will be granted, and in the event of repeat offences of

failure to pay such employer / sponsor should be disqualified from being a sponsor.

33

See, for example, paragraph 16.1 of the Schedule to the proposed Migrant Worker Model Employment Contract at Annex B.34

Please see Issue 4.

13

13.20 Preventing undue delay for payment of wages. We recommend that the payment

process in respect of projects ultimately funded by the State of Qatar needs revisiting

to ensure that there is no undue delay which would impact upon the payment of

wages to migrant workers through Sub-Contracting entities, or be used as an excuse

for delay in payment. We also recommend introducing appropriate sanctions for late

payment throughout the chain of contracting, for example suspension of contracts and

financial penalties provided for in the contract for the Lead Contractor in the event of

late payment of wages, reduction of payment period in all contracts from 90 to 60

days, Lead Contractors should be under an obligation to pay their Sub-Contractors

promptly and these obligations should be reflected in all contracts in the supply chain.

13.21 Monitoring of payment of wages electronically. We recommend that the State of

Qatar should give consideration to implementing a scheme whereby payment of

migrant worker wages is monitored electronically by, or in conjunction with, the

Qatar Central Bank.

Health & Safety

13.22 We recommend that immediate steps are taken to demonstrate the importance

placed on health and safety standards by the Ministry of Labour and Social

Affairs. This should include:

13.22.1 Blacklisting of Contractors / employers that breach health and safety

standards. Regular publication of the names of Contractors and employers

that have breached the relevant health and safety standards by the Labour

Inspection Department or other relevant department within the Ministry of

Labour and Social Affairs; and

13.22.2 Introduction of further criminal sanctions. Increased criminal sanctions of

greater severity ought to be introduced for employers who repeatedly breach

the Qatari Labour Law in respect of health and safety.

13.23 Joint and several liability for Lead Contractors and their Sub-Contractors. We

recommend imposing joint and several civil and criminal liability for health and

safety breaches on Lead Contractors and their Sub-Contractors. Failure to directly

enforce health and safety standards on site should result in vicarious liability for the

Lead Contractor, as well as liability for Sub-Contractors breaching health and safety

14

standards. We recommend criminal sanctions for repeat offenders to ensure that the

Lead Contractors effectively work together with the Ministry of Labour and Social

Affairs to enforce Qatari health and safety law.

13.24 Introduction of electronic ID cards, incorporating migrant workers' health card

(to be paid for by employer / sponsor) for all migrant workers upon arrival into Qatar.

13.25 Introduction of health and safety teams. We recommend requiring Lead

Contractors to establish health and safety teams, who would be responsible for site

safety measures for the Lead Contractor and all Sub-Contractors on-site. Lead

contractors should also ensure there are sufficient contract provisions in place to

ensure sub-contractors comply with health and safety standards. These should be in

line with Qatar Foundation and the Supreme Committee worker welfare standards.35

13.26 Introduction of dedicated managerial staff. We would recommend enhancing the

existing law by requiring construction employers to appoint managerial staff

dedicated to being accountable for health and safety matters.

13.27 Publication of health and safety guidance. We would also suggest adopting a

guidance document for employers and workers which either adopts the Supreme

Committee for Delivery and Legacy's Worker Welfare Standards36

or sets out the

State of Qatar's own comparable standards, and provides for migrant worker

entitlements under Qatari Labour Law.

13.28 Role of health and safety checks in inspections. We recommend inspections should

place greater weight on compliance with health and safety standards.

13.29 Reporting / dissemination of national statistics and data in relation to work-

related injuries and deaths. We strongly recommend the regular collection and

reporting / dissemination of national statistics and data in relation to work-related

injuries and deaths, the causes and the extent to which these are attributable to

breaches of health and safety rules. We recommend publishing this data in an

anonymous format every 6 months.

35

See for example Supreme Committee Workers' Welfare Standards sections 13 & 14 at Annex C.36

See Annex C.

15

13.30 Commissioning of an independent study into the migrant worker deaths from

cardiac arrest (over the next three years). The final report should be shared with

the appropriate global health authorities.

13.31 Allow for proper investigation into unexpected or sudden deaths. We also

strongly recommend that the Law No. 2 of 2012 on autopsy of human bodies is

extended to allow for autopsies or post-mortem examinations in cases of unexpected

or sudden deaths.

Accommodation

13.32 Facilitate the communication and implementation of Qatar's prescribed

standards of accommodation through guidance. We recommend that the Ministry

of Municipality and Urban Planning's "Worker Accommodation - Planning

Regulation" guidelines which provide for the minimum standards of worker

accommodation in Qatar37

be widely publicised and distributed with immediate

effect.

13.33 We would recommend in addition to the new Planning Regulation, that the existing

accommodation standards (as contained in Resolution No. 17) be amended to include

the following:

13.33.1 Requiring Contractors / employers to ensure all workers receive an

induction (in their language of choice) to the accommodation upon

arrival. An induction would be an opportunity to set out the "ground rules"

of living in the accommodation. The induction should also cover health and

safety standards at the accommodation, and the complaint reporting

procedures and allocated worker welfare officer; and

13.33.2 Requiring Contractors / employers to appoint a worker welfare officer

for each accommodation site. This welfare officer should be responsible for

receiving and acting on workers' complaints. In addition, there should be a

health and safety representative (see Issue 5 above for further details on our

recommendations for health and safety representatives) appointed in relation

to any concerns about the health and safety standards on site.

16

13.34 Monitoring and enforcement of accommodation standards should be heightened.

Specifically the Workers Accommodation standards described above should be

adopted in all Government contracts. Contractors should be required to confirm

compliance with the standards as a prerequisite in any tender process. The grant of

planning permission should be conditional upon an undertaking to adhere to and

comply with the Planning Regulation. Implementation of the standards should be

closely monitored, through comprehensive and compulsory accommodation site

inspections as part of the labour inspections carried out by the Labour Inspections

Department.38

13.35 Increasing the capacity of standardised labour accommodation.

13.36 We would recommend creating an additional step in the complaints procedure

for migrant workers. Complaints relating to accommodation standards should be

directed to a designated worker welfare officer within the business (who is a

representative of the employer) to give the employer the opportunity to remedy the

complaint, where possible within a prescribed period of time.39

In the event that the

complaint is not remedied, migrant workers should have a secondary independent

complaints reporting mechanism available to them, where complaints can be made

directly to the Labour Inspection Department. We recommend that non-retaliation

provisions be adopted into law protecting migrant workers from any detrimental

treatment as a result of them raising a complaint. We recommend that these

complaints are treated confidentially. We would recommend the regular review and

publication of the total number of inspections undertaken.

13.37 Contractors / employers to make available to each migrant worker safe and

secure storage facilities, where migrant workers may store and freely access their

personal documents (i.e. identification documents such as passports).

13.38 Accommodation information to be provided to migrant workers during initial

"orientation". We recommend that as part of the "orientation" process, guidance is

provided to prospective migrant workers at the outset about the living conditions and

accommodation standards to be expected when they move to Qatar.

37

The Planning Regulation is annexed at Annex R.

17

13.39 Addressing shortages of land. In the longer term, we recommend that the Ministry

of Municipality Affairs and Urban Planning (and Ministry of Labour and Social

Affairs) engage with private Contractors and planning authorities in relation to

designating enough land for migrant workers' accommodation, and address any land

shortages.

Inspections

13.40 Enhancement of Labour Inspection Department. We welcome the continuing

enhancement of the Labour Inspections Department, so that it can perform its

function with sufficient coverage and rigour. We recommend further increasing the

number of inspectors and heightened training of Inspectors in conjunction with the

ILO. We consider more comprehensive, unannounced inspections including regular

interviews with migrant workers are required, which should include addressing key

issues such as payment of recruitment fees, retention of passports and timely payment

of wages directly with migrant workers.

13.41 Bolstering the powers of inspectors. We recommend giving inspectors the power to

impose sanctions for the failure to adhere to improvement notices, such as financial

penalties and the power to suspend the activities of the employer (for example, for

failure to adhere to an improvement notice or requiring lower graded contractors to

improve their grading).

13.42 Steps should be taken to ensure inspectors receive comprehensive training in

order to perform their role. This training should be compulsory for all inspectors

and should include occupational health and safety, labour inspection and training on

human rights standards and the Ministry of Municipality and Urban Planning's

Workers Accommodation Regulation.

13.43 Availability of interpreters for migrant worker interviews. We recommend the

use of interpreters in migrant worker interviews.

38

We note that the Labour Inspections Department already has the power to inspect accommodation sites but the thoroughness of

this aspect of the inspection is not clear.39

The complaint process should be made confidential and complainants should be protected from the threat of retaliation.

18

13.44 Increase transparency. We recommend publishing guidance which sets out the

Labour Inspection Department's functions, procedures, and the prescribed checks on

compliance with legislation during inspections.

Freedom of Association / Collective Bargaining

13.45 Adoption of worker welfare standards. We recommend as an immediate interim

measure the adoption of the Supreme Committee Worker Welfare Standards (or

similar standards) for all public contracts.

13.46 Dissemination and communication of information. We recommend that the

Ministry of Labour and Social Affairs should regularly compile and publish data

regarding mediation, conciliation and arbitration regarding collective disputes.

13.47 Cooperation with ILO. We also recommend that the State of Qatar responds

promptly to any outstanding ILO requests for the provision of documentation or other

information in compliance with Qatar's reporting obligations.

13.48 Consultation with stakeholders on freedom of association. The Ministry of

Labour and Social Affairs should engage and consult with relevant stakeholders and

publish proposals allowing migrant workers the right to freedom of association and

workers' representation. Where the State of Qatar perceives grounds for limiting

these rights, such as public safety and security, these justifications should be properly

developed for consultation.

Access to Justice

13.49 Dissemination of information to migrant workers. Both the Ministry of Labour

and Social Affairs and State of Origin embassies should coordinate the effective

dissemination of information between themselves and to migrant workers. This

would include the Ministry of Labour and Social Affairs briefing foreign labour

attachs and hosting briefing sessions.

13.50 Improved interpretation services. We recommend an improved interpretation

service for migrant workers for all forms of dispute resolution. The translation

services should be publicised and the use of the services monitored to identify any

future resourcing needs.

19

13.51 Access to the Ministry of Labour and Social Affairs by migrant workers. The

Ministry of Labour and Social Affairs' general accessibility to migrant workers

should be reviewed. In particular, physical access and access via the internet

(assuming that this is deemed to be an appropriate resource for some of the migrant

workers) should be reassessed. We understand that there is call for the Ministry of

Labour and Social Affairs' online facilities to be improved and available in a wider

range of languages. We would suggest consultation with State of Origin embassies to

facilitate this process.

13.52 Development of existing mediation / conciliation process. We welcome the use of

mediation as a method of resolving disputes out of court and suggest that the existing

process of mediation / conciliation should be reviewed and developed.

13.53 Abolition of legal fees / expert charges related to bringing a claim. We strongly

recommend that all fees (or expert charges) for claimants should be abolished.

13.54 Eligibility for interim relief. We recommend a review of the eligibility for interim

relief, and that the conditions for any grant of interim relief should be revisited.

13.55 Fast track procedure for major categories of complaints. We believe a specialist

fast track procedure should be set up for the major categories of complaints, namely

those relating to: repatriation costs, late payment of salaries, end of service benefits

and leave allowance. We recommend that breaches of the new legally binding

Migrant Worker Model Employment Contract be included in this procedure.

14. On-going review by independent monitoring body. We believe that Qatar should ensure

timely completion of the existing and recommended programme of reform by instituting a

robust review process. We recommend the introduction of an independent monitoring and

reporting body, for example the independent National Human Rights Committee, to report on

an on-going basis the changes implemented in response to these recommendations.

20

TERMS OF REFERENCE

15. This report comprises an independent review of the legislative and enforcement framework of

the State of Qatar's labour laws in the light of the numerous allegations made regarding the

conditions for migrant workers in the construction sector. This report does not extend to the

conditions of domestic workers.

16. In particular, DLA Piper's terms of reference require, in light of the concerns raised by the

allegations made:

16.1 a review of existing legislation in the context of relevant ratified international

conventions and standards;

16.2 identification of the extent to which the legislation meets those conventions and

standards, and the extent to which the legislation is enforced; and

16.3 recommendations for action to address any apparent shortcomings.

21

METHODOLOGY

17. In preparing this report on migrant labour in the construction sector in Qatar, DLA Piper

reviewed various reports, including those published by the UN Special Rapporteur, the ILO,

ITUC, Amnesty and HRW. This was followed by a detailed review of the relevant legislative

framework, including relevant international and national legislation, Bilateral Treaties and

international standards of best practice.

18. The purpose of this report is not to scrutinise each individual allegation to determine its

reliability or otherwise. Rather, we are concerned with undertaking a comprehensive review

in order to assess the allegations that there is a systemic failure of Qatari law, public

administration and judicial process to protect migrant workers in Qatar.

19. DLA Piper engaged in a detailed consultation with the State of Qatar in Doha (in particular

with the Ministry of Foreign Affairs (including the Bureau of Human Rights), the Ministry of

Labour and Social Affairs, the Ministry of Interior (including the Human Rights Department),

Supreme Council of Health and the Judiciary) and consultation with major stakeholders

including the National Human Rights Committee, the Supreme Committee for Delivery and

Legacy, major State of Origin embassies (namely India, Nepal, Bangladesh and Philippines),

non-government actors (for example Amnesty, HRW, the Supreme Committee, and the Qatar

Foundation) and Contractors.

20. In its report, HRW state that they interviewed 73 migrant workers in the construction sector

(along with undertaking three group interviews)40

and Amnesty report speaking to some 210

migrant workers in total.41

We have not investigated these statements any further, but we

have taken them at face value and taken cognisance of the issues they have raised.

40

Pages 2 and 28, HRW Report.41

Page 12, Amnesty Report.

22

BACKGROUND

21. The State of Qatar is a sovereign and independent Arab state, and is a member of the Gulf

Cooperation Council ("GCC"). Qatar's economy rapidly expanded in the early 1970's,

following its independence in 1971, and Qatar quickly achieved one of the highest per capita

incomes in the world through its oil and natural gas revenues. The State of Qatar commenced

exporting liquefied natural gas ("LNG") in 1997, and by 2012 it had exported nearly 4.3

trillion cubic feet of LNG.42

22. It is clear that the State of Qatar is in the process of significant, exponential growth. The

process of development is set out in the "Qatar National Vision 2030", which states that by

2030 the State of Qatar aims to be an "advanced country, capable of sustaining its

development and providing a high standard of living for all of its people for generations to

come."43

This process of development entails probably one of the largest influx of migrant

workers that has been seen in modern times.

23. One high profile component of this development is the planning and preparation for the FIFA

Football World Cup, which will be hosted in Qatar in 2022 ("FIFA 2022"). Qatar won the

bid to host FIFA 2022 in December 2010 and in 2011 the Qatar 2022 Supreme Committee for

Delivery and Legacy ("Supreme Committee") was established.44

As a result, billions of

dollars of investment are being injected into developing the State of Qatar's infrastructure

including significant construction projects, which has generated a boom in construction work

and, accordingly, a dramatic influx of migrant workers to work on these projects.45

24. With such a seismic shift in the migrant worker population over such a short period of time

(there were, in the third quarter of 2013, around 1.39 million46

foreign nationals working in

Qatar, making up 94% of the total workforce), this has necessarily created a gargantuan

challenge for the public administration of the State of Qatar, at all levels.

42

Exxon Mobil http://www.exxonmobil.no/Qatar-English/PA/Files/QATAR_USAT.pdf; US Energy Information Administration,

Qatar (2014) http://www.eia.gov/countries/cab.cfm?fips=qa43

Pillars of Qatar National Vision 2030 http://www.gsdp.gov.qa/portal/page/portal/gsdp_en/qatar_national_vision44

The Supreme Committee was established by Emiri Decree No 27 of 2011. The Supreme Committee is tasked with the national

delivery of the World Cup in Qatar, including interaction with a range of key stakeholder audiences, including national and

international business, government officials, sports organisations and local and overseas visitors. The Emiri Decree No 3 of 2014,

and the Emiri Decree No 83 of 2011, established the structure and workings of the Supreme Committee, which is presided over

by HH the Emir of Qatar as Chairman. 45

This report adopts the conventional phraseology "migrant workers" when referring to non-national workers seeking employment

in Qatar. 46

Qatar Ministry of Development, Planning and Statistics, Labour Force Survey, Q3 2013, Table 6.

23

25. It should not be forgotten that Qatar is a country with a relatively small population that has

undertaken significant legislative and public administrative reforms over the past two decades

in order to align itself with international standards, and these reforms are continuing at a

considerable pace within the context of the 2030 Vision.

26. Following a public referendum on 29 April 2003, His Highness the Emir decreed the

Permanent Constitution of the State of Qatar ("the Constitution") on 8 June 2004.47

The

Constitution provides that the political system is democratic.48

The Qatar Advisory Council is

charged with national legislative development. The Constitution further provides that the

State shall respect international charters and conventions and shall strive to implement all

international agreements, charters and conventions to which it is party.49

Insofar as the

present report is concerned, the Constitution provides specifically:

"The State shall guarantee freedom of economic enterprise on the basis of social

justice and balanced cooperation between private and public activity in order to

achieve socio-economic development, increase production, ensure public welfare,

raise the standard of living and provide job opportunities in accordance with the

provisions of the Law.50

The employeeemployer relationship shall be based on the ideals of social justice and

shall be regulated by the Law.51

All persons are equal before the Law and there shall be no discrimination whatsoever

on grounds of gender, race, language or religion.52

Every person who is a legal resident of the State of Qatar shall enjoy the protection

of his person and property in accordance with the provisions of the Law."53

27. His Highness the Emir is the Head of State. The executive authority is the Council of

Ministers. The legislative authority consists of the Advisory Council. The judicial authority

in Qatar is independent.54

47

The Permanent Constitution of the State of Qatar can be accessed here:

http://www.almeezan.qa/LawPage.aspx?id=2284&language=en48

Article 1 ibid.49

Article 6 ibid.50

Article 28 ibid.51

Article 30 ibid.52

Article 35 ibid.53

Article 52 ibid

24

28. Qatar has a population of approximately 2 million inhabitants. According to a report by the

Supreme Council of Health55

as of September 2013 there were 1,332,838 migrant workers

situate in Qatar from the following five major States of Origin: India, Nepal, Philippines,

Bangladesh, and Sri Lanka.

29. The issue of migrant workers is a complex one. The State of Qatar shares responsibility for

the welfare of migrant workers with the State of Origin governments and, the national and

international businesses and contracting authorities that are involved in the development of

major construction projects (including the FIFA 2022 projects). These other parties have a

critical role to play in working with the State of Qatar to implement positive changes where

required.56

This includes having regard to the appropriate application of the UN Guiding

Principles.57

30. We welcome the positive progress already made by major actors such as the Qatar

Foundation and the Supreme Committee in developing comprehensive welfare standards. We

have made numerous recommendations in relation to the role of Lead Contractors and Sub-

Contractors, which follow, in large part, the proposed standards and guidance developed by

both the Qatar Foundation and the Supreme Committee. We understand that the State of Qatar

is developing its own set of standards, aligned with those of the Qatar Foundation and

Supreme Committee, which will be adopted for all Government projects going forward. In

particular we welcome the Ministry of Municipality and Urban Planning's recently published

planning and accommodation standards.58

31. We believe that this report makes a serious contribution to protecting the rights and welfare of

migrant workers in the construction sector in Qatar and provides the State of Qatar with a

range of potential measures which will assist it in its process of legislative and public

administrative reform within the framework of the 2030 Vision.

54

Article 77 ibid.55

Supreme Council of Health - Migrant Workers in Qatar - Statistics 2012-2013. This report was provided by the Supreme

Council of Health based on data provided by the Ministry of Interior (See Annex H).56

Some changes are already well-underway, and the Qatar Foundation standards and the Supreme Committee's Workers' Welfare

Standards set a very high standard which we largely endorse. These standards set a benchmark which businesses should strive to

adhere to, whether by including and reflecting those standards in their contract terms as Contractors, or working to meet the

standards as Sub-Contractors. The standards can be found at Annex C and D. See also Redco Construction Al Mana - Health,

Safety and Welfare Management Practices at Annex E.57

For further detail on the UN Guiding Principles see:

http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf. 58

See Annex R.

25

SPHERES OF RESPONSIBILITY

32. In this report, we have considered particular issues in the light of the relevant government and

non-government actors, and their obligations. Self-evidently issues relating to the movement

and rights of migrant workers necessarily involve multi-jurisdictional considerations, and

implicate both public and private actors.

33. The spheres of responsibility, we believe, can be split into three major groups, namely:

33.1 the State of Qatar (particularly the relevant Ministry of Foreign Affairs (including the

Bureau of Human Rights), the Ministry of Labour and Social Affairs, the Ministry of

Interior (including the Human Rights Department), the Supreme Council of Health

and the Judiciary);

33.2 the governments of the States of Origin of migrant workers; and

33.3 non-State actors, such as the Qatar Foundation, the Supreme Committee and the

National Human Rights Committee, and other public contracting entities and the

private sector, particularly large multi-nationals and Lead Contractors.

26

STRUCTURE OF REPORT

34. For presentational purposes and for ease of reference, we have grouped the main issues into

the following key categories, which broadly follow the typical narrative for migrant workers

seeking employ in Qatar:

34.1 Recruitment agencies and recruitment fees (Issue 1);

34.2 The "kafala" sponsorship system, including alleged forced labour, barriers to transfer

and exit, the charge of absconding and enforcement action in relation to alleged

abuses (Issue 2);

34.3 Contract misrepresentation and substitution (Issue 3);

34.4 Migrant worker wages and their payment (Issue 4);

34.5 Health and safety of migrant workers (Issue 5);

34.6 Migrant worker accommodation (Issue 6);

34.7 Labour Inspections (Issue 7);

34.8 Freedom of association and collective bargaining (Issue 8);

34.9 Access to justice (Issue 9); and

34.10 Conclusions.

35. In respect of each issue identified above, the salient points are addressed at the outset in a

short executive issue summary. This is followed by an outline of the issues, our conclusions

and our recommendations.

27

ISSUE 1: RECRUITMENT AGENTS AND

RECRUITMENT FEES

SUMMARY OF ALLEGATIONS, CONCLUSIONS AND RECOMMENDATIONS

36. A critical issue which needs to be addressed is the use of foreign recruitment agents employed

to source migrant workers for employment in Qatar. Our understanding is that a large

number of recruitment agents and "middlemen" in the States of Origin require fees from

prospective workers in order to arrange for and facilitate their employment in Qatar. The

indebtedness caused by the payment of these fees significantly burdens the migrant workers

arriving into Qatar.

37. In relation to recruitment fees, HRW alleges that "Qatar has not taken adequate steps to

protect workers from these [recruitment fees]. While the Qatari labour law prohibits

recruitment agents licensed in Qatar from charging workers fees or expenses associated with

their recruitment, it does nothing to restrict Qatar-based recruiting agents or employers from

working with recruiting agencies abroad that charge such fees."59

38. Amnesty alleges that "some employers use their knowledge of workers' debt in their home

countries to offer them reduced salaries on arrival. Workers in such a situation are not able

to leave their jobs to go home, because their debt payments prevent it, and are unable to find

another job."60

39. Under the Qatari national Labour Law, collection by a recruitment service in Qatar of any

form of recruitment fees paid by migrant workers is expressly prohibited. This legislation

regulates Qatari employers and Qatari recruitment agents, and infringement of the law is

punishable with fines. However, we note that the relevant Qatari Labour Law does not have

extraterritorial effect and as such is not applicable to those foreign recruitment agents or

"middlemen" operating outside the State of Qatar.

40. In our view, there is a serious issue of abuse which requires prompt attention. However, it is

only through coordinated action between the State of Qatar and the relevant entities in the

States of Origin that these abusive practices will be eliminated. In order to assist in this

process, we have sought to address the salient points arising from our review in this first

59

Page 53, HRW Report.60

Page 35, Amnesty Report.

28

chapter, as we see the issue as being critical and intrinsically linked to the majority of the

issues that follow.

41. Our review indicates that there are shortcomings insofar as the effectiveness of the existing

Qatari legislation is concerned. We note that in some States of Origin the payment of

recruitment fees by prospective workers is not prohibited, for example, in Nepal. As such,

where employers and their recruitment agents based in Qatar use non-Qatari recruitment

agents to recruit migrant workers (and those foreign agents can legitimately charge such fees

under their own national laws), the practical effect is that the migrant workers coming to work

in Qatar are still incurring the recruitment fees, despite the fact of the prohibition under the

Qatari Labour Law. Therefore we recommend legislative amendments to strengthen the

prohibition of the receipt of recruitment fees from migrant workers.

42. In addition to those legislative amendments, we suggest that effective information

dissemination to migrant workers and their foreign agents is key to addressing this issue.

Prospective migrant workers require, in all instances, effective "orientation" (i.e. induction

into the rights and obligations of migrant workers in Qatar), both prior to embarkation and

upon arrival in Qatar, in particular drawing to their attention that the payment of recruitment

fees to an employer or recruitment agent based in Qatar is precluded by national law. This

"orientation" training should either be given by (duly qualified) local foreign recruitment

agents (under supervision of duly qualified companies), or the relevant State of Origin

ministry, both in conjunction with the Qatar Embassy in the State of Origin. As a measure of

monitoring and enforcement, the Labour Inspection Department should be charged with

questioning migrant workers during their routine inspections as to whether any recruitment

fees were paid.61

SUBSTANTIVE REVIEW

Issues

43. Foreign recruitment agents collect recruitment fees from migrant workers in order for those

migrant workers to obtain work in Qatar.

44. We understand that recruitment agents and employers in Qatar are aware that migrant workers

have paid such fees, despite this being prohibited under the Qatari Labour Law. Furthermore,

61

This recommendation is also dealt with in more detail in the Labour Inspections section below.

29

there is anecdotal evidence to suggest that in some cases employers in Qatar even deduct the

cost of recruitment fees (paid by the employer directly or indirectly to the foreign recruitment

agents) from migrant workers' salaries.62

45. The Bilateral Treaties currently in place between the State of Qatar and States of Origin

provide that the Qatari employer should bear the costs of transportation (or "travel

expenses"63

) of the migrant worker from the State of Origin to the State of Qatar. However,

we note that they make no express provision in relation to the prohibition of the collection of

any form of recruitment fees directly or indirectly from migrant workers. State of Origin

governments, in conjunction with the State of Qatar, are inadequately monitoring and

enforcing the provisions relating to the payment of these costs in the Bilateral Treaties.

Furthermore, we understand that there is a serious issue with the information provided to

migrant workers before they arrive in Qatar. The Bilateral Treaties anticipate that all

incoming migrant workers will be duly informed of the terms and conditions of their

employment in Qatar.64

46. It is also alleged that the agents and "middlemen" are providing misleading information to the

migrant workers about the nature of the work, in particular their wages, and are failing to

provide suitable information pertaining to their rights and obligations as migrant workers in

Qatar. For example, migrant workers arriving in Qatar may find that their job description and

wage level are different to that agreed in the State of Origin, and that they may have paid a

recruitment fee (often causing them to incur a significant debt) where such fees are prohibited

under Qatari law.

62

Page 53, HRW Report.63

See for example Article 6 (1) of the Qatar-Nepal bilateral agreement: "The employer shall bear all travel expenses of the workers

from the Kingdom of Nepal to the place of work in the State of Qatar upon entering the service for the first time as well as the

expenses of the return passage." (at Annex A).64

See for example Article 4 of the Qatar - Nepal bilateral agreement at Annex A.

30

47. We understand that the recruitment fees charged to migrant workers can typically be

approximately $1,250 on average,65

dependant on the migration fees levied in the State of

Origin, as well as the fees levied in Qatar.66

48. Recruitment and Processing Fees are defined in the Supreme Committee's Worker's Welfare

Standards as:

"any fees, costs or expenses charged by a Recruitment Agent or a Contractor in

respect of a proposed Worker obtaining employment in the State of Qatar including

any fees, costs or expenses related to medical tests, police clearances, recruitment

advertisements, interviews, insurance, government taxes in the country of origin, pre-

departure orientations, airline tickets and airport taxes and any fees, costs or

expenses charged by the Recruitment Agent to recuperate any Placement Fees."67

49. We understand that migrant workers, largely without the means to make any payments

upfront, may seek to borrow monies from private money lenders in order to obtain jobs in

Qatar.68

The loans from money lenders (often unlicensed or unregistered) tend to attract high

interest.69

We understand from the Amnesty and HRW Reports, and Guardian press reports,

that such money lenders allegedly adopt methods of physical threats and violence and other

forms of criminality against family members in the event of non-payment by migrant

workers.

Conclusions on Recruitment Fees

50. Our understanding of the framework governing the recruitment process into Qatar is as

follows (see also illustration below):

50.1 An employer based in Qatar requires manpower and seeks authorisation from the

Ministry of Labour and Social Affairs, using a standard form request;

65

See page 52, HRW Report which refers to fees ranging from US$726 - US$3,651. See also page 14, World Bank Study: "The

Qatar-Nepal Remittance Corridor: Enhancing the Impact of Integrity of Remittance Flows by Reducing Inefficiencies in the

Migration Process" dated July 2011 (the "World Bank Study") which refers to the cost of migration for Nepali workers of

around US$1,216 (which takes on average 4 - 6 months' salary to recover).66

As an indication of the sums that may be involved, the World Bank Study also reports that the official migration fees levied in

Qatar (as at June 2009) were as follows: Visa submission fee - 220 QAR, Medical fee - 100 QAR; Visa fee - 1,150 QAR; ID card

fee - 50 QAR. We understand the fees levied as at the date of this report from the employer are as follows: work authorisation

fee - 100 QAR; contract certification fee - 20 QAR per contract; Visa submission fee - 220 QAR, Visa fee - 1,150 QAR; ID card

fee - 50 QAR; Medical test fee - 100 QAR; Medical card fee - 100 QAR.67

Definitions, page 5 Supreme Committee Worker's Welfare Standards at Annex C.68

See for example page 11 of the World Bank Study which reports that 43% of 105 Nepali worker respondents used local money

lenders that charged high interest rates ranging from 24 - 36%.69

Ibid.

31

50.2 This authorisation specifies the number of migrant workers permitted, their

nationality and the type of work. This request for authorisation is reviewed and,

where appropriate, authorised by the Ministry of Labour and Social Affairs;

50.3 A recruitment service company based in Qatar is used to liaise with the State of

Origin to source the migrant workers, and then processes the relevant paperwork;

50.4 The employer based in Qatar pays a service fee / commission to the recruitment

service company based in Qatar, travel expenses and any other costs of the

recruitment service company. In addition, the employer in Qatar is required under

Qatari Labour Law, and as per provisions in the Bilateral Treaties with the States of

Origin, to pay all the migrant workers' travel costs to and from Qatar. We note that

recruitment service companies (and employers) based in Qatar are prohibited from

receiving, directly, from the migrant workers any recruitment fees, expenses or other

costs, as per Article 33 of the Qatari Labour Law (discussed in further detail at

paragraph 52 et seq. below);

50.5 The local agents in the States of Origin source migrant workers and seek the requisite

authorisations for the migrant workers' departure;

50.6 The Qatari recruitment service company requests the necessary visas for entry into

Qatar from the Ministry of Interior;70

50.7 The migrant workers' employment contract is then attested by the relevant authority

in Qatar and then the Ministry of Foreign Affairs in the State of Origin authorises

departure;

50.8 The migrant workers are then screened for health issues in the State of Origin prior to

embarkation;71

50.9 The migrant workers arrive in Qatar and are again screened for health issues;72

70

See Article 2 of the Sponsorship Law requiring that every migrant worker holds a valid passport and an entry visa showing the

purpose of entry.71

See the Executive Board of the Health Ministers' Council for Cooperation Council States "Rules and Regulations for Medical

Examination of Expatriates Recruited for work in the GCC States, December 2010 (See Annex T) which sets out details of the

medical examination which must be carried out for every migrant worker prior to embarkation The Medical Centres which

conduct the medical examination must be approved by the Executive Board of the Health Ministers Council for Cooperation

Council States. 72

We understand this process comprises a chest scan and a blood test for communicable diseases.

32

50.10 The migrant workers are provided with a residence permit, within seven working

days of arrival in Qatar.73

The application for this permit is the responsibility of the

employer / sponsor;

50.11 Renewal of the residence permit must be completed within 90 days from the date of

expiry of the visa.74

Again, this is the responsibility of the employer / sponsor;

50.12 The duration of employment will generally be limited to five years (but this is subject

to renewal);75

50.13 When a migrant worker leaves Qatar permanently, they may not usually return before

a period of two years has passed from the date of departure.76

73

See Article 5 of the Sponsorship Law.74

See Article 9 of the Sponsorship Law.75

See for example Article 40 of the Labour Law.76

A worker may return before a period of 2 years if they receive a "No Objection Certificate" from their employer. See Article 4 of

the Sponsorship Law (subject to exceptions, by written consent of the Minister of Interior and sponsor).

33

ILLUSTRATION OF THE MIGRANT WORKER RECRUITMENT PROCESS

34

51. We note that, along with Qatar, none of the major States of Origin have ratified the

international labour conventions on Migration For Employment77

or the Private Employment

Agencies Convention.78

52. However, Article 33 of the Qatari Labour Law states:

"The person who is licensed to recruit workers from abroad [for others] shall be

prohibited from doing the following: to receive from the worker any sums

representing recruitment fees or expenses or any other costs." (emphasis added)

53. This is similar to, although not a mirror of, the provisions of Article 7(1) of the Private

Employment Agencies Convention, which states that private employment agencies shall not

charge directly or indirectly, in whole or in part, any fees or costs to workers.

54. Article 19 of Ministerial Order no. 8 of 2005 (governing the conditions and procedures of the

permit for bringing workers from abroad for a third party)79

provides that:

"The permit holder shall be prohibited from:

Receiving any amounts from the worker in form of fees or charges imposed to bring

him from abroad or any other costs."

55. The applicable Qatari legislation therefore clearly prohibits the payment by migrant workers

of fees to their recruitment agent or prospective employer in Qatar.

56. We understand that many migrant workers are incurring debts in their home countries, by

taking out private loans subject to very high interest rates, in order to pay the recruitment

agent's fees in the State or Origin. As stated above, those fees may be legitimately paid by

migrant workers to their recruitment agents in their States of Origin, where such fees are legal

(although often capped), despite the receipt of any such fees by an employer or recruitment

agent in Qatar being prohibited in Qatar.

77

1949 (no.97).78

1997 (no.181).79

See Annex K.

35

57. The role of the foreign recruitment agents in the State of Origin, the significance of this debt,

incurred at the outset of the migrant workers' journey, and the impact it has on the migrant

workers' situation whilst in Qatar should not be underestimated.

58. For example, one of the allegations levelled in the HRW Report is that: "Workers who took on

large debts in their home countries and committed to paying high interest rates on loans

found that agents had lied or misled them about the salaries they would earn, or even the jobs

they would have, in Qatar."80

59. Plainly this issue cannot be said to fall within the State of Qatar's jurisdiction; Article 33 of

Qatar's Labour Law does not have extraterritorial application. In practice, this issue needs to

be addressed by the migrant workers' States of Origin. We accept, on this basis, that this issue

is very difficult to detect and police from Qatar. In our view it will require a concerted effort

by both the States of Origin and the State of Qatar in order to take action with a view to

eliminating the abuse. Many States of Origin are heavily dependent on remittances from

migrant workers. We note Engineers Against Poverty's proposal that, in the light of this, the

State of Qatar should use its leverage with the State of Origin governments with a view to

stepping up their efforts to address corruption and abuse by recruitment agents.81

This is in

addition to the demonstrable policing and enforcement of Article 33 of the Labour Law

within Qatar.

60. Furthermore, on the basis of the interviews conducted in the scope of our review, it appears

that some of the activity of the foreign recruitment agents could be categorised as corrupt

practices, pursuant to which unethical labour brokers, "middlemen" and other parties source

and facilitate the passage of migrant workers who are "induced" into employment contracts in

Qatar. Where commission or bribes are being paid along the way, these may be funded by the

"recruitment fees" which are paid by the migrant workers.82

61. On this point, we note that some allegations make reference to forced labour and human

trafficking. In our view, these issues are triggered by the alleged falsification of the terms of

employment and apparent coercion (including requiring significant "recruitment fees" from

prospective workers) exerted by foreign recruitment agents / brokers and "middlemen". In

80

Page 57, HRW Report.81

See page 5, Engineers Against Poverty Report at Annex L.82

According to the Verit report on Corruption and Labor Trafficking in Global Supply Chains (White Paper, December 2013

(www.verite.org) it is estimated that "trafficking" of persons for labour generates approximately US$32 billion annually in illicit

profits for perpetrators.

36

this regard, it should be noted that the supply of potential migrant workers exceeds demand in

many States of Origin. As such, the payment of "fees" by migrant workers competing to

secure a position is commonplace, thus facilitating abuse.

62. There is anecdotal evidence to suggest that the amounts paid as "recruitment fees" include

elements of corrupt or improper payment. Where a corrupt or improper payment has resulted

in an indirect or direct benefit, for example by way of cheap manpower for a business, this

arguably exposes that business to potential liability under bribery and corruption legislation in

certain jurisdictions.83

We would suggest that much of the alleged corrupt practice by foreign

recruitment agents, "middlemen" and brokers could be dealt with by the adoption of effective

anti-corruption legislation. This would give the State of Qatar jurisdiction over improper

conduct occurring overseas but which has an effect in Qatar.

63. We spoke in particular to representatives of the Embassies of Nepal, India, Bangladesh and

the Philippines on the subject of local recruitment agents and the debts incurred by migrant

workers. All the embassy representatives stated that they were aware of the issues faced in

their States of Origin and were taking various steps to try to combat abuse by their local

recruitment agents. Notably, each embassy representative referred to lists they had available

showing particular recruitment agents and employers that were blacklisted. However, it was

not clear the extent to which this information was shared with the Ministry of Labour and

Social Affairs or the Ministry of Interior in Qatar, or indeed the extent to which this

information was readily available to the public. We would suggest this information is made

public and reported regularly to the Ministry of Labour and Social Affairs. Furthermore we

would strongly encourage the States of Origin to take positive steps to adopt similar anti-

corruption legislation to seek to curb these practices where those States do not already have

such legislation in place.

DLA Piper Recommendations

64. Bilateral Treaties and Cooperation between State of Qatar and States of Origin:

64.1 Bilateral Treaties with States of Origin should provide for a new standard

employment contract (the "Migrant Worker Model Employment Contract"),

83

Under both the US Foreign Corrupt Practices Act 1977 and the UK Bribery Act 2010, the payment of bribes is illegal and the

Acts have wide-reaching extraterritorial effect. Furthermore, any business with a jurisdictional nexus to the UK or the US may

face severe criminal penalties for failing to prevent bribery of or by their agents, joint venture partners, subsidiaries, suppliers or

affiliates.

37

which will include express provisions prohibiting the payment of recruitment fees by

migrant workers.84

Terms of employment failing to adhere to the Migrant Worker

Model Employment Contract terms, where detrimental to the employee, shall be void

and unenforceable by the employer;

64.2 The State of Qatar and the States of Origin should introduce positive monitoring

obligations and introduce a process beyond the existing joint committee meetings to

review implementation of the Migrant Worker Model Employment Contract terms.

For example, there should be a joint sub-committee set up between the State of Qatar

and each State of Origin (which should include the relevant labour attachs)

specifically tasked with monitoring the implementation of the Migrant Worker Model

Employment Contracts. Further, the sub-committee should undertake a review of the

complaints over a regular period, and any concerns that have been raised over that

period with the relevant State of Origin embassy, and should identify and report on

the details of breaches and any remedial action taken;

64.3 The State of Qatar and the States of Origin should work together with international

NGOs to identify and blacklist foreign recruitment agents who engage in abusive

practices; and

64.4 The State of Qatar should compile a list of accredited recruitment agents in the States

of Origin. This list should be readily available.

65. Worker welfare standards: We believe that non-government actors also have a role to play

in the protection of migrant workers. We note that the labour standards proposed in the

standard form contracts of the Qatar Foundation and Supreme Committee set a high standard

of protection for migrant workers (for example, they provide for the identification of any fees

paid by workers and their prompt repayment by the employer). However, we recognise that

these standards are nascent, and it has yet to be seen how these will be implemented and

enforced in practice (in particular, how contractual penalty provisions will operate in

practice). Nevertheless, we would recommend that all public contracting authorities

adopt these, or similar, standards as part of their prescribed procurement process in

Qatar.